Campbell v. Wachovia Mortgage Corporation

Filing 4

ORDER that by 12/19/11, Plaintiff shall file an amended complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed, without prejudice. Signed by Judge James A Teilborg on 11/23/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Henry Campbell,
Plaintiff,

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vs.

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Wachovia Mortgage Corporation,
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Defendant.
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No. CV 11-1763-PHX-JAT
ORDER

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every

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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

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Cir. 2003). In this case, the Complaint pleads jurisdiction based on 28 U.S.C. § 1332, which

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is diversity. However, the Complaint fails to adequately allege the citizenship of the parties

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such that this Court can independently assess its jurisdiction.

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Specifically, the Defendant is a corporation; thus it is a citizen of its state of

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incorporation and its principal place of business. Hertz Corp. v. Friend, 130 S. Ct. 1181,

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1192; - - - U.S. - - - (2010). Because Plaintiff failed to plead either of these locations for

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Defendant, Plaintiff failed to allege diversity jurisdiction. Therefore,

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IT IS ORDERED that by December 19, 2011, Plaintiff shall file an amended

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complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed,

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without prejudice.

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DATED this 23rd day of November, 2011.

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